text:
Justia Regulation Tracker Department Of Defense Defense Acquisition Regulations System Defense Federal Acquisition Regulations Supplement; Statutory Waiver for Commercially Available Off-the-Shelf Items (DFARS Case 2008-D009), 68384-68386 [E9-30294]
Defense Federal Acquisition Regulations Supplement; Statutory Waiver for Commercially Available Off-the-Shelf Items (DFARS Case 2008-D009), 68384-68386 [E9-30294]
Download as PDF 68384 Federal Register / Vol. 74, No. 246 / Thursday, December 24, 2009 / Rules and Regulations (c) ''End product'' is defined in the clause at 252.225–7012, Preference for Certain Domestic Commodities. * * * * * ■ 4. Section 225.7005–1 is revised to read as follows: 225.7005–1 Restriction. In accordance with 10 U.S.C. 2534, do not acquire chemical weapons antidote contained in automatic injectors, or the components for such injectors, unless the chemical weapons antidote or component is manufactured in the United States or Canada by a company that— (a) Has received all required regulatory approvals; and (b) Has the plant, equipment, and personnel to perform the contract in the United States or Canada at the time of contract award. ■ 5. Section 225.7101 is revised to read as follows: 225.7101 Definitions. PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 6. Section 252.225–7000 is amended by revising the clause date and paragraph (a) to read as follows: ■ 252.225–7000 Buy American Act—Balance of Payments Program Certificate. * * * * wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 Buy American Act—Balance of Payments Program Certificate (DEC 2009) (a) Definitions. ''Commercially available off-the-shelf (COTS) item,'' ''component,'' ''domestic end product,'' ''foreign end product,'' ''qualifying country,'' ''qualifying country end product,'' and ''United States'' have the meanings given in the Buy American Act and Balance of Payments Program clause of this solicitation. * * * * * ■ 7. Section 252.225–7013 is amended by: ■ a. Revising the clause date; ■ b. Redesignating paragraphs (a)(1) through (3) as paragraphs (a)(2) through (4) respectively; and ■ c. Adding a new paragraph (a)(1) to read as follows: 252.225–7013 * * * VerDate Nov<24>2008 Duty-Free Entry. * * 15:17 Dec 23, 2009 Jkt 220001 (a) * * * (1) ''Component'' means any item supplied to the Government as part of an end product or of another component. * * * * * ■ 8. Section 252.225–7019 is amended by: ■ a. Revising the clause date; ■ b. Redesignating paragraphs (a) through (c) as paragraphs (b) through (d) respectively; ■ c. Adding a new paragraph (a); ■ d. Amending newly designated paragraph (c) by removing ''paragraph (a) of this clause'' and by adding ''paragraph (b) of this clause'' in its place; and ■ e. Revising newly designated paragraph (d) to read as follows: 252.225–7019 Restriction on Acquisition of Anchor and Mooring Chain. * * * * * Restriction on Acquisition of Anchor and Mooring Chain (DEC 2009) ''Component'' and ''domestic manufacture,'' as used in this subpart, are defined in the clause at 252.225– 7025, Restriction on Acquisition of Forgings. * Duty-Free Entry (DEC 2009) (a) Definition. ''Component,'' as used in this clause, means an article, material, or supply incorporated directly into an end product. * * * * * (d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts for items containing welded shipboard anchor and mooring chain, four inches or less in diameter. ■ 9. Section 252.225–7025 is amended by: ■ a. Revising the clause date; ■ b. Redesignating paragraphs (a)(1) and (2) as paragraphs (a)(2) and (3) respectively; ■ c. Adding a new paragraph (a)(1); and ■ d. Revising newly designated paragraph (a)(2) and paragraph (b) to read as follows: 252.225–7025 of Forgings. * * * Restriction on Acquisition * * Restriction on Acquisition of Forgings (DEC 2009) (a) * * * (1) Component means any item supplied to the Government as part of an end product or of another component. (2) Domestic manufacture means manufactured in the United States, its outlying areas, or Canada. * * * * * (b) End products and their components delivered under this PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 contract shall contain forging items that are of domestic manufacture only. * * * * * ■ 10. Section 252.225–7035 is amended by revising the clause date and paragraph (a) to read as follows: 252.225–7035 Buy American Act—Free Trade Agreements—Balance of Payments Program Certificate. * * * * * Buy American Act—Free Trade Agreements—Balance of Payments Program Certificate (DEC 2009) (a) Definitions. ''Bahrainian end product,'' ''commercially available offthe-shelf (COTS) item,'' ''component,'' ''domestic end product,'' ''Free Trade Agreement country,'' ''Free Trade Agreement country end product,'' ''foreign end product,'' ''Moroccan end product,'' ''qualifying country end product,'' and ''United States,'' as used in this provision, have the meanings given in the Buy American Act—Free Trade Agreements—Balance of Payments Program clause of this solicitation. * * * * * [FR Doc. E9–30296 Filed 12–23–09; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 252 Defense Federal Acquisition Regulations Supplement; Statutory Waiver for Commercially Available Offthe-Shelf Items (DFARS Case 2008– D009) AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. SUMMARY: DoD has adopted as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to conform to the FAR changes implementing the waiver of the component test of the Buy American Act to contracts and subcontracts. The Federal Acquisition Regulation (FAR) Case 2000–305 implemented 41 U.S.C. 431 with respect to the inapplicability of certain laws to contracts and subcontracts for the acquisition of commercially available off-the-shelf (COTS) items. DATES: Effective Date: December 24, 2009. E:\FR\FM\24DER1.SGM 24DER1 Federal Register / Vol. 74, No. 246 / Thursday, December 24, 2009 / Rules and Regulations FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition Regulations System, OUSD(AT&L) DPAP(DARS), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301–3062. Telephone 703–602–0328; facsimile 703–602–7887. Please cite DFARS Case 2008–D009. SUPPLEMENTARY INFORMATION: wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 A. Background The Buy American Act (41 U.S.C. 10a–10b) uses a two-part test to define a ''domestic end product'' (manufactured in the United States and a formula based on cost of domestic components) (see FAR 25.001(c)(1) and definition of ''domestic end products'' at 25.003). The second part of this test is referred to as the ''component test.'' DoD published an interim rule on January 15, 2009 (74 FR 2422), to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to conform to the FAR changes implementing the waiver of the component test of the Buy American Act for the acquisition of commercially available off-the-shelf (COTS) items (FAR Case 2000–305), published as a final rule in the Federal Register on January 15, 2009 (74 FR 2713), and effective February 17, 2009. The comment period on the DFARS interim rule closed on March 16, 2009. DoD received two responses, both representing the view of manufacturers of specialty metals. 1. The rule has been promulgated and justified based on circular logic. One respondent objects that the final rule under FAR Case 2000–305 and the interim rule under DFARS Case 2008– D009 employ circular reasoning in changing the definition of COTS item. The respondent states that ''each of the two rules is justified by pointing to the other.'' The respondent objects that GSA and DoD have adopted a rule without meaningfully addressing comments on the new COTS definition submitted in response to DoD's proposed rule 2008– D003. Response: This case was not based on circular logic but on a progression from the DFARS proposed rule 2008–D003 to the FAR Case 2000–305 and to the interim rule under this DFARS Case 2008–D009. The comments submitted in response to the proposed rule were thoroughly reviewed and analyzed prior to the decision to incorporate this definition in the FAR rule and this DFARS rule and were then addressed in the Federal Register when the final rule 2008–D003 was subsequently published on July 29, 2009 (74 FR 52895). VerDate Nov<24>2008 15:17 Dec 23, 2009 Jkt 220001 2. Definition of COTS item should not allow modification to COTS items at higher tiers in the supply chain. Both respondents opposed the definition of ''commercially available off-the-shelf (COTS) item'' because they consider it inconsistent with the statutory definition of COTS item (41 U.S.C. 431(c)) to allow modifications to occur at the next higher tier in the supply chain. The respondents were concerned that an item could be substantially modified by downstream contractors prior to delivery to the Government. • One respondent stated that under this definition, a COTS item can be modified in any way and still retain its character as a COTS item. • The respondent further stated that this definition of COTS items results in the COTS exception applying to all commercial items. • The respondent is concerned that contractors may opt to deconstruct major equipment end items such as green aircraft with the expectation that this approach would leave them with just a very small set of items requiring compliance. The respondent considered that the use of the commercial derivative military article exception would be more appropriate. • The respondents cited language from the House Armed Services Committee report which stated that the exception for COTS items and components generally applies to items incorporated in non-commercial end items. The Committee also stated that if a contractor is using COTS items with more substantial modifications, it must use the de minimis or commercial derivative military article (CDMA) exceptions. • The respondents requested that DoD allow only modifications that are incidental to installation, joining, or incorporation into the non-commercial end item. Response: The arguments of these respondents are not pertinent to this DFARS rule and this DFARS rule has no impact on these respondents. This case implements a waiver of the component test under the Buy American Act for end items that are COTS items. The concern of these respondents relates to treatment of components containing specialty metals as COTS items. Their rationale is applicable to the restrictions of 10 U.S.C. 2533b on acquisition of specialty metals, but not to the Buy American Act. The comments relating to the House Report that accompanied the FY–09 Duncan Hunter National Defense Authorization Act are inapplicable to this case, as are the comments regarding PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 68385 exceptions for commercial derivative military articles and de minimis amounts of specialty metals, as these apply only to the specialty metals restriction at 10 U.S.C. 2533b. The comments with regard to treatment of components as COTS items were addressed in more detail in the preamble to the final rule under DFARS Case 2008–D003 (74 FR 52895). However, the statement that, under this definition, COTS items that have been substantially modified are still considered to be COTS items is not accurate. The item must be provided to the next higher tier of the supply chain without modification. Whether it is a COTS item is determined at the time of transfer. DoD considers it reasonable to view COTS items that are provided from the global supply chain to the next higher tier supplier, without any modifications, to be ''delivered to the Government'' by those suppliers without modification. If DoD were not to view such items in this way, these COTS suppliers would not be able to provide globally available COTS items to the Government without burdensome investigations to track the eventual use of the COTS item to the end of the final assembly. Further, the COTS item definition, unlike the definition of ''commercial item'', requires that the item must be sold in substantial quantities in the commercial marketplace. This rule was subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1933. B. Regulatory Flexibility Act DoD certifies that this final rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. Under the rule, all offerors and contractors (including small businesses) that provide U.S.-made items will no longer have to track the origin of the components in order to determine whether the items qualify as domestic end products or domestic construction material under the Buy American Act. While beneficial in acquisitions subject to the Buy American Act, the impact of this change is not considered to be a significant economic impact on small businesses, because DoD has already waived the component test for U.S.made items in acquisitions that are subject to the World Trade Organization Government Procurement Agreement (WTO GPA), and contractors generally pass on to the Government the administrative costs incurred in complying with burdensome E:\FR\FM\24DER1.SGM 24DER1 68386 Federal Register / Vol. 74, No. 246 / Thursday, December 24, 2009 / Rules and Regulations Government regulations such as the component test under the Buy American Act, or decline to sell to the Government. No comments were received with regard to impact on small business. Amy G. Williams, Executive Editor, Defense Acquisition Regulations System. C. Paperwork Reduction Act PART 252—[AMENDED] The Paperwork Reduction Act (Pub. L. 104–13) applies, because this rule will result in some reduced burdens under OMB Control number 0704–0229, DFARS Part 225 and associated clauses. A Paperwork Burden Act Change to pertinent existing burdens has been submitted to the Office of Management and Budget under 44 U.S.C. 2502, et seq. List of Subjects in 48 CFR Part 252 Government procurement. Fish and Wildlife Service 50 CFR Part 20 [FWS–R9–MB–2008–0124; 91200–1231– 9BPP–L2] RIN 1018–AW31 Interim Rule Adopted as Final Without Change Accordingly, the interim rule amending 48 CFR Part 252, which was published at 74 FR 2422 on January 15, 2009, is adopted as a final rule without change. ■ [FR Doc. E9–30294 Filed 12–23–09; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF THE INTERIOR Migratory Bird Hunting; Late Seasons and Bag and Possession Limits for Certain Migratory Game Birds Correction In rule document E9–22874 beginning on page 49244 in the issue of Friday, September 25, 2009 make the following corrections: On pages 49247, 49253 through 49276, 49280, and 49281, the incorrect graphics published. These graphics are being reprinted to read as set forth below: wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 BILLING CODE 1301–00–C VerDate Nov<24>2008 15:17 Dec 23, 2009 Jkt 220001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\24DER1.SGM 24DER1
Defense Acquisition Regulations System
[Federal Register Volume 74, Number 246 (Thursday, December 24, 2009)]
[Rules and Regulations]
[Pages 68384-68386]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30294]
Defense Federal Acquisition Regulations Supplement; Statutory
Waiver for Commercially Available Off-the-Shelf Items (DFARS Case 2008-
D009)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
SUMMARY: DoD has adopted as final, without change, an interim rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to conform to the FAR changes implementing the waiver of the component
test of the Buy American Act to contracts and subcontracts. The Federal
Acquisition Regulation (FAR) Case 2000-305 implemented 41 U.S.C. 431
with respect to the inapplicability of certain laws to contracts and
subcontracts for the acquisition of commercially available off-the-
shelf (COTS) items.
DATES: Effective Date: December 24, 2009.
[[Page 68385]]
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition
Regulations System, OUSD(AT&L) DPAP(DARS), IMD 3D139, 3062 Defense
Pentagon, Washington, DC 20301-3062. Telephone 703-602-0328; facsimile
703-602-7887. Please cite DFARS Case 2008-D009.
SUPPLEMENTARY INFORMATION:
A. Background
The Buy American Act (41 U.S.C. 10a-10b) uses a two-part test to
define a ``domestic end product'' (manufactured in the United States
and a formula based on cost of domestic components) (see FAR
25.001(c)(1) and definition of ``domestic end products'' at 25.003).
The second part of this test is referred to as the ``component test.''
DoD published an interim rule on January 15, 2009 (74 FR 2422), to
amend the Defense Federal Acquisition Regulation Supplement (DFARS) to
conform to the FAR changes implementing the waiver of the component
test of the Buy American Act for the acquisition of commercially
available off-the-shelf (COTS) items (FAR Case 2000-305), published as
a final rule in the Federal Register on January 15, 2009 (74 FR 2713),
and effective February 17, 2009.
The comment period on the DFARS interim rule closed on March 16,
DoD received two responses, both representing the view of
manufacturers of specialty metals.
1. The rule has been promulgated and justified based on circular
One respondent objects that the final rule under FAR Case 2000-305
and the interim rule under DFARS Case 2008-D009 employ circular
reasoning in changing the definition of COTS item. The respondent
states that ``each of the two rules is justified by pointing to the
other.'' The respondent objects that GSA and DoD have adopted a rule
without meaningfully addressing comments on the new COTS definition
submitted in response to DoD's proposed rule 2008-D003.
Response: This case was not based on circular logic but on a
progression from the DFARS proposed rule 2008-D003 to the FAR Case
2000-305 and to the interim rule under this DFARS Case 2008-D009. The
comments submitted in response to the proposed rule were thoroughly
reviewed and analyzed prior to the decision to incorporate this
definition in the FAR rule and this DFARS rule and were then addressed
in the Federal Register when the final rule 2008-D003 was subsequently
published on July 29, 2009 (74 FR 52895).
2. Definition of COTS item should not allow modification to COTS
items at higher tiers in the supply chain.
Both respondents opposed the definition of ``commercially available
off-the-shelf (COTS) item'' because they consider it inconsistent with
the statutory definition of COTS item (41 U.S.C. 431(c)) to allow
modifications to occur at the next higher tier in the supply chain.
The respondents were concerned that an item could be substantially
modified by downstream contractors prior to delivery to the Government.
One respondent stated that under this definition, a COTS
item can be modified in any way and still retain its character as a
COTS item.
The respondent further stated that this definition of COTS
items results in the COTS exception applying to all commercial items.
The respondent is concerned that contractors may opt to
deconstruct major equipment end items such as green aircraft with the
expectation that this approach would leave them with just a very small
set of items requiring compliance. The respondent considered that the
use of the commercial derivative military article exception would be
more appropriate.
The respondents cited language from the House Armed
Services Committee report which stated that the exception for COTS
items and components generally applies to items incorporated in non-
commercial end items. The Committee also stated that if a contractor is
using COTS items with more substantial modifications, it must use the
de minimis or commercial derivative military article (CDMA) exceptions.
The respondents requested that DoD allow only
modifications that are incidental to installation, joining, or
incorporation into the non-commercial end item.
Response: The arguments of these respondents are not pertinent to
this DFARS rule and this DFARS rule has no impact on these respondents.
This case implements a waiver of the component test under the Buy
American Act for end items that are COTS items. The concern of these
respondents relates to treatment of components containing specialty
metals as COTS items. Their rationale is applicable to the restrictions
of 10 U.S.C. 2533b on acquisition of specialty metals, but not to the
Buy American Act.
The comments relating to the House Report that accompanied the FY-
09 Duncan Hunter National Defense Authorization Act are inapplicable to
this case, as are the comments regarding exceptions for commercial
derivative military articles and de minimis amounts of specialty
metals, as these apply only to the specialty metals restriction at 10
U.S.C. 2533b.
The comments with regard to treatment of components as COTS items
were addressed in more detail in the preamble to the final rule under
DFARS Case 2008-D003 (74 FR 52895). However, the statement that, under
this definition, COTS items that have been substantially modified are
still considered to be COTS items is not accurate. The item must be
provided to the next higher tier of the supply chain without
modification. Whether it is a COTS item is determined at the time of
transfer. DoD considers it reasonable to view COTS items that are
provided from the global supply chain to the next higher tier supplier,
without any modifications, to be ``delivered to the Government'' by
those suppliers without modification. If DoD were not to view such
items in this way, these COTS suppliers would not be able to provide
globally available COTS items to the Government without burdensome
investigations to track the eventual use of the COTS item to the end of
the final assembly. Further, the COTS item definition, unlike the
definition of ``commercial item'', requires that the item must be sold
in substantial quantities in the commercial marketplace.
This rule was subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1933.
B. Regulatory Flexibility Act
DoD certifies that this final rule will not have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. Under
the rule, all offerors and contractors (including small businesses)
that provide U.S.-made items will no longer have to track the origin of
the components in order to determine whether the items qualify as
domestic end products or domestic construction material under the Buy
American Act. While beneficial in acquisitions subject to the Buy
American Act, the impact of this change is not considered to be a
significant economic impact on small businesses, because DoD has
already waived the component test for U.S.-made items in acquisitions
that are subject to the World Trade Organization Government Procurement
Agreement (WTO GPA), and contractors generally pass on to the
Government the administrative costs incurred in complying with
Government regulations such as the component test under the Buy
American Act, or decline to sell to the Government. No comments were
received with regard to impact on small business.
C. Paperwork Reduction Act
The Paperwork Reduction Act (Pub. L. 104-13) applies, because this
rule will result in some reduced burdens under OMB Control number 0704-
0229, DFARS Part 225 and associated clauses. A Paperwork Burden Act
Change to pertinent existing burdens has been submitted to the Office
of Management and Budget under 44 U.S.C. 2502, et seq.
List of Subjects in 48 CFR Part 252
Government procurement.
Amy G. Williams,
Executive Editor, Defense Acquisition Regulations System.
PART 252--[AMENDED]
Interim Rule Adopted as Final Without Change
Accordingly, the interim rule amending 48 CFR Part 252, which was
published at 74 FR 2422 on January 15, 2009, is adopted as a final rule
without change.
[FR Doc. E9-30294 Filed 12-23-09; 8:45 am]
BILLING CODE 5001-08-P


Sandra is a corporate lawyer with extensive experience in the energy & utilities and real estate & infrastructure sectors, as well as public projects.
Sandra is the joint managing partner of Bird & Bird ATMD LLP.
She has considerable experience in public procurement, corporate & commercial law, competition law, regulatory and environmental laws, and real estate.
Sandra has extensive experience in public projects and regulatory work in Singapore and is the advisor to a large number of state agencies including Energy Market Authority, Building & Construction Authority, Jurong Town Corporation, Ministry of Health, Tripartite Alliance Limited, People's Association and National Arts Council. She is also experienced in anti-competitive analysis and legislative strategy and has advised clients in a number of key sectors, including energy, infrastructure and utilities, aerospace, logistics, infrastructure, tech & comms, pharmaceutical and petrochemicals.
She is an experienced transactional lawyer for large scale infrastructure projects and tenders, being experienced in PPP, public procurements, energy regulatory work, state leasing, regulations, and technical contracts in Singapore and the Asia Pacific region.
Sandra has acted as lead coordinator for a large number of innovative public projects in Singapore, including the electricity futures market for EMA, SportsHub PPP for SportsHub, the first microgrid testbed on Pulau Ubin, the first energy performance contract template for SGBC/BCA, the first CC in a Mall for PA, the first sectoral competition appeal in the gas sector for EMA, the first tri-generation project in Singapore for Pfizer, and the first LNG terminal project in Singapore for SLNG.
Sandra has spoken widely on contract, governance and competition issues. She is also the co-author of Business Guide to Competition Law, published by Sweet & Maxwell in 2011. She sits on the Council / EXCO of industry associations such as the Sustainable Energy Association of Singapore (SEAS), the Energy Studies Institute (ESI), Singapore Green Building Council (SGBC) and the Waste Management & Recycling Association of Singapore (WMRAS) and is a director of two local charities.
Sandra has been commended in Legal 500 as "very responsive" and "very experienced". She has also been described as "pleasant to work with and persistent".
"Winner, Projects & Procurement, Singapore"


The Botswana National Archives and Records Services (BNARS) is embarking on a project that will see all government ministries and departments using an electronic archiving and record management system.
At a stakeholders forum this week, BNARS director, Kelebogile Kgabi, said that the system, dubbed National Archives and Records Management System's (NARMS) implementation started last July when Secure Data Content was engaged as a design consultant for the job. The project, which costs P32 million, she said, will be completed by September next year.
She said that the project will be implemented in three phases, whence the first phase, which is ongoing, would see the software system being implemented at the BNARS headquarters and the office of the president.The project's second and third phase will be implemented in ministries of sport, culture and labour and home affairs, followed by other government departments.She said the NARMS solution is an integration of three subsystems, based on the functions of the BNARS.
"Records Management Unit Subsystem, Records Centre Subsystem and the Archives Subsystem. The solution uses Trim Context Software, which was developed by Tower Software, an Australian company," she said.She added that the software meets international archives and records management standards. According to her the software is used by the National Archives of Australia, Botswana Training Authority (BOTA) and the United States Defence Department.


Take a read of a piece of flash fiction I tried my hands at some months ago. Tell me what you think!
Manuela's glossy black hair reminded Godfrey of the lake behind his house. Her lips took on a ruby red hue that was in stark contrast to her pale skin. He imagined himself running his hands through her hair, sniffing it. The thought thrilled him but he knew she wasn't ready yet. For now, he would watch her and wait. He watched silently from across the room as she took a bite of her pie, the filling spilling from the corner of her mouth; cherry. He licked his lips and tasted it. Soon, they would share a slice.


text:
import base64
import datetime
import logging
import json

from django.db import models
from django.contrib.auth.models import User
from django.contrib.contenttypes import generic
from django.core.urlresolvers import reverse
from django.utils.translation import ugettext as _, ugettext_lazy as _t

from enum import Enum

from librdbms.server import dbms as librdbms_dbms

from desktop.redaction import global_redaction_engine
from desktop.lib.exceptions_renderable import PopupException
from desktop.models import Document

from TCLIService.ttypes import TSessionHandle, THandleIdentifier,\
  TOperationState, TOperationHandle, TOperationType

from beeswax.design import HQLdesign

LOG = logging.getLogger(__name__)

QUERY_SUBMISSION_TIMEOUT = datetime.timedelta(0, 60 * 60)               # 1 hour

# Constants for DB fields, hue ini
BEESWAX = 'beeswax'
HIVE_SERVER2 = 'hiveserver2'
QUERY_TYPES = (HQL, IMPALA, RDBMS, SPARK) = range(4)

class QueryHistory(models.Model):
  """
  Holds metadata about all queries that have been executed.
  """
  STATE = Enum('submitted', 'running', 'available', 'failed', 'expired')
  SERVER_TYPE = ((BEESWAX, 'Beeswax'), (HIVE_SERVER2, 'Hive Server 2'),
                 (librdbms_dbms.MYSQL, 'MySQL'), (librdbms_dbms.POSTGRESQL, 'PostgreSQL'),
                 (librdbms_dbms.SQLITE, 'sqlite'), (librdbms_dbms.ORACLE, 'oracle'))

  owner = models.ForeignKey(User, db_index=True)
  query = models.TextField()

  last_state = models.IntegerField(db_index=True)
  has_results = models.BooleanField(default=False)          # If true, this query will eventually return tabular results.
  submission_date = models.DateTimeField(auto_now_add=True)
  # In case of multi statements in a query, these are the id of the currently running statement
  server_id = models.CharField(max_length=1024, null=True)  # Aka secret, only query in the "submitted" state is allowed to have no server_id
  server_guid = models.CharField(max_length=1024, null=True, default=None)
  statement_number = models.SmallIntegerField(default=0)    # The index of the currently running statement
  operation_type = models.SmallIntegerField(null=True)
  modified_row_count = models.FloatField(null=True)
  log_context = models.CharField(max_length=1024, null=True)

  server_host = models.CharField(max_length=128, help_text=_('Host of the query server.'), default='')
  server_port = models.PositiveIntegerField(help_text=_('Port of the query server.'), default=10000)
  server_name = models.CharField(max_length=128, help_text=_('Name of the query server.'), default='')
  server_type = models.CharField(max_length=128, help_text=_('Type of the query server.'), default=BEESWAX, choices=SERVER_TYPE)
  query_type = models.SmallIntegerField(help_text=_('Type of the query.'), default=HQL, choices=((HQL, 'HQL'), (IMPALA, 'IMPALA')))

  design = models.ForeignKey('SavedQuery', to_field='id', null=True) # Some queries (like read/create table) don't have a design
  notify = models.BooleanField(default=False)                        # Notify on completion

  is_redacted = models.BooleanField(default=False)
  extra = models.TextField(default='{}')                   # Json fields for extra properties

  class Meta:
    ordering = ['-submission_date']

  @staticmethod
  def build(*args, **kwargs):
    return HiveServerQueryHistory(*args, **kwargs)

  def get_full_object(self):
    return HiveServerQueryHistory.objects.get(id=self.id)

  @staticmethod
  def get(id):
    return HiveServerQueryHistory.objects.get(id=id)

  @staticmethod
  def get_type_name(query_type):
    if query_type == IMPALA:
      return 'impala'
    elif query_type == RDBMS:
      return 'rdbms'
    elif query_type == SPARK:
      return 'spark'
    else:
      return 'beeswax'

  def get_query_server_config(self):
    from beeswax.server.dbms import get_query_server_config

    query_server = get_query_server_config(QueryHistory.get_type_name(self.query_type))
    query_server.update({
        'server_name': self.server_name,
        'server_host': self.server_host,
        'server_port': self.server_port,
        'server_type': self.server_type,
    })

    return query_server

  def get_current_statement(self):
    if self.design is not None:
      design = self.design.get_design()
      return design.get_query_statement(self.statement_number)
    else:
      return self.query

  def refresh_design(self, hql_query):
    # Refresh only HQL query part
    query = self.design.get_design()
    query.hql_query = hql_query
    self.design.data = query.dumps()
    self.query = hql_query

  def is_finished(self):
    is_statement_finished = not self.is_running()

    if self.design is not None:
      design = self.design.get_design()
      return is_statement_finished and self.statement_number + 1 == design.statement_count # Last statement
    else:
      return is_statement_finished

  def is_running(self):
    return self.last_state in (QueryHistory.STATE.running.index, QueryHistory.STATE.submitted.index)

  def is_success(self):
    return self.last_state in (QueryHistory.STATE.available.index,)

  def is_failure(self):
    return self.last_state in (QueryHistory.STATE.expired.index, QueryHistory.STATE.failed.index)

  def is_expired(self):
    return self.last_state in (QueryHistory.STATE.expired.index,)

  def set_to_running(self):
    self.last_state = QueryHistory.STATE.running.index

  def set_to_failed(self):
    self.last_state = QueryHistory.STATE.failed.index

  def set_to_available(self):
    self.last_state = QueryHistory.STATE.available.index

  def set_to_expired(self):
    self.last_state = QueryHistory.STATE.expired.index

  def save(self, *args, **kwargs):
    """
    Override `save` to optionally mask out the query from being saved to the
    database. This is because if the beeswax database contains sensitive
    information like personally identifiable information, that information
    could be leaked into the Hue database and logfiles.
    """

    if global_redaction_engine.is_enabled():
      redacted_query = global_redaction_engine.redact(self.query)

      if self.query != redacted_query:
        self.query = redacted_query
        self.is_redacted = True

    super(QueryHistory, self).save(*args, **kwargs)

  def update_extra(self, key, val):
    extra = json.loads(self.extra)
    extra[key] = val
    self.extra = json.dumps(extra)

  def get_extra(self, key):
    return json.loads(self.extra).get(key)

def make_query_context(type, info):
  """
  ``type`` is one of "table" and "design", and ``info`` is the table name or design id.
  Returns a value suitable for GET param.
  """
  if type == 'table':
    return "%s:%s" % (type, info)
  elif type == 'design':
    # Use int() to validate that info is a number
    return "%s:%s" % (type, int(info))
  LOG.error("Invalid query context type: %s" % (type,))
  return ''                                     # Empty string is safer than None

class HiveServerQueryHistory(QueryHistory):
  # Map from (thrift) server state
  STATE_MAP = {
    TOperationState.INITIALIZED_STATE : QueryHistory.STATE.submitted,
    TOperationState.RUNNING_STATE     : QueryHistory.STATE.running,
    TOperationState.FINISHED_STATE    : QueryHistory.STATE.available,
    TOperationState.CANCELED_STATE    : QueryHistory.STATE.failed,
    TOperationState.CLOSED_STATE      : QueryHistory.STATE.expired,
    TOperationState.ERROR_STATE       : QueryHistory.STATE.failed,
    TOperationState.UKNOWN_STATE      : QueryHistory.STATE.failed,
    TOperationState.PENDING_STATE     : QueryHistory.STATE.submitted,
  }

  node_type = HIVE_SERVER2

  class Meta:
    proxy = True

  def get_handle(self):
    secret, guid = HiveServerQueryHandle.get_decoded(self.server_id, self.server_guid)

    return HiveServerQueryHandle(secret=secret,
                                 guid=guid,
                                 has_result_set=self.has_results,
                                 operation_type=self.operation_type,
                                 modified_row_count=self.modified_row_count)

  def save_state(self, new_state):
    self.last_state = new_state.index
    self.save()

  @classmethod
  def is_canceled(self, res):
    return res.operationState in (TOperationState.CANCELED_STATE, TOperationState.CLOSED_STATE)

class SavedQuery(models.Model):
  """
  Stores the query that people have save or submitted.

  Note that this used to be called QueryDesign. Any references to 'design'
  probably mean a SavedQuery.
  """
  DEFAULT_NEW_DESIGN_NAME = _('My saved query')
  AUTO_DESIGN_SUFFIX = _(' (new)')
  TYPES = QUERY_TYPES
  TYPES_MAPPING = {'beeswax': HQL, 'hql': HQL, 'impala': IMPALA, 'rdbms': RDBMS, 'spark': SPARK}

  type = models.IntegerField(null=False)
  owner = models.ForeignKey(User, db_index=True)
  # Data is a json of dictionary. See the beeswax.design module.
  data = models.TextField(max_length=65536)
  name = models.CharField(max_length=80)
  desc = models.TextField(max_length=1024)
  mtime = models.DateTimeField(auto_now=True)
  # An auto design is a place-holder for things users submit but not saved.
  # We still want to store it as a design to allow users to save them later.
  is_auto = models.BooleanField(default=False, db_index=True)
  is_trashed = models.BooleanField(default=False, db_index=True, verbose_name=_t('Is trashed'),
                                   help_text=_t('If this query is trashed.'))

  is_redacted = models.BooleanField(default=False)

  doc = generic.GenericRelation(Document, related_name='hql_doc')

  class Meta:
    ordering = ['-mtime']

  def get_design(self):
    try:
      return HQLdesign.loads(self.data)
    except ValueError:
      # data is empty
      pass

  def clone(self, new_owner=None):
    if new_owner is None:
      new_owner = self.owner
    design = SavedQuery(type=self.type, owner=new_owner)
    design.data = self.data
    design.name = self.name
    design.desc = self.desc
    design.is_auto = self.is_auto
    return design

  @classmethod
  def create_empty(cls, app_name, owner, data):
    query_type = SavedQuery.TYPES_MAPPING[app_name]
    design = SavedQuery(owner=owner, type=query_type)
    design.name = SavedQuery.DEFAULT_NEW_DESIGN_NAME
    design.desc = ''

    if global_redaction_engine.is_enabled():
      design.data = global_redaction_engine.redact(data)
    else:
      design.data = data

    design.is_auto = True
    design.save()

    Document.objects.link(design, owner=design.owner, extra=design.type, name=design.name, description=design.desc)
    design.doc.get().add_to_history()

    return design

  @staticmethod
  def get(id, owner=None, type=None):
    """
    get(id, owner=None, type=None) -> SavedQuery object

    Checks that the owner and type match (when given).
    May raise PopupException (type/owner mismatch).
    May raise SavedQuery.DoesNotExist.
    """
    try:
      design = SavedQuery.objects.get(id=id)
    except SavedQuery.DoesNotExist, err:
      msg = _('Cannot retrieve query id %(id)s.') % {'id': id}
      raise err

    if owner is not None and design.owner != owner:
      msg = _('Query id %(id)s does not belong to user %(user)s.') % {'id': id, 'user': owner}
      LOG.error(msg)
      raise PopupException(msg)

    if type is not None and design.type != type:
      msg = _('Type mismatch for design id %(id)s (owner %(owner)s) - Expected %(expected_type)s, got %(real_type)s.') % \
            {'id': id, 'owner': owner, 'expected_type': design.type, 'real_type': type}
      LOG.error(msg)
      raise PopupException(msg)

    return design

  def __str__(self):
    return '%s %s' % (self.name, self.owner)

  def get_query_context(self):
    try:
      return make_query_context('design', self.id)
    except:
      LOG.exception('failed to make query context')
      return ""

  def get_absolute_url(self):
    return reverse(QueryHistory.get_type_name(self.type) + ':execute_design', kwargs={'design_id': self.id})

  def save(self, *args, **kwargs):
    """
    Override `save` to optionally mask out the query from being saved to the
    database. This is because if the beeswax database contains sensitive
    information like personally identifiable information, that information
    could be leaked into the Hue database and logfiles.
    """

    if global_redaction_engine.is_enabled():
      data = json.loads(self.data)

      try:
        query = data['query']['query']
      except KeyError:
        pass
      else:
        redacted_query = global_redaction_engine.redact(query)

        if query != redacted_query:
          data['query']['query'] = redacted_query
          self.is_redacted = True
          self.data = json.dumps(data)

    super(SavedQuery, self).save(*args, **kwargs)

class SessionManager(models.Manager):
  def get_session(self, user, application='beeswax'):
    try:
      return self.filter(owner=user, application=application).latest("last_used")
    except Session.DoesNotExist:
      pass

class Session(models.Model):
  """
  A sessions is bound to a user and an application (e.g. Bob with the Impala application).
  """
  owner = models.ForeignKey(User, db_index=True)
  status_code = models.PositiveSmallIntegerField()
  secret = models.TextField(max_length='100')
  guid = models.TextField(max_length='100')
  server_protocol_version = models.SmallIntegerField(default=0)
  last_used = models.DateTimeField(auto_now=True, db_index=True, verbose_name=_t('Last used'))
  application = models.CharField(max_length=128, help_text=_t('Application we communicate with.'), default='beeswax')

  objects = SessionManager()

  def get_handle(self):
    secret, guid = HiveServerQueryHandle.get_decoded(secret=self.secret, guid=self.guid)

    handle_id = THandleIdentifier(secret=secret, guid=guid)
    return TSessionHandle(sessionId=handle_id)

  def __str__(self):
    return '%s %s' % (self.owner, self.last_used)

class QueryHandle(object):
  def __init__(self, secret=None, guid=None, operation_type=None, has_result_set=None, modified_row_count=None, log_context=None):
    self.secret = secret
    self.guid = guid
    self.operation_type = operation_type
    self.has_result_set = has_result_set
    self.modified_row_count = modified_row_count
    self.log_context = log_context

  def is_valid(self):
    return sum([bool(obj) for obj in [self.get()]]) > 0

  def __str__(self):
    return '%s %s' % (self.secret, self.guid)

class HiveServerQueryHandle(QueryHandle):
  """
  QueryHandle for Hive Server 2.

  Store THandleIdentifier base64 encoded in order to be unicode compatible with Django.
  """
  def __init__(self, **kwargs):
    super(HiveServerQueryHandle, self).__init__(**kwargs)
    self.secret, self.guid = self.get_encoded()

  def get(self):
    return self.secret, self.guid

  def get_rpc_handle(self):
    secret, guid = self.get_decoded(self.secret, self.guid)

    operation = getattr(TOperationType, TOperationType._NAMES_TO_VALUES.get(self.operation_type, 'EXECUTE_STATEMENT'))
    return TOperationHandle(operationId=THandleIdentifier(guid=guid, secret=secret),
                            operationType=operation,
                            hasResultSet=self.has_result_set,
                            modifiedRowCount=self.modified_row_count)

  @classmethod
  def get_decoded(cls, secret, guid):
    return base64.decodestring(secret), base64.decodestring(guid)

  def get_encoded(self):
    return base64.encodestring(self.secret), base64.encodestring(self.guid)

# Deprecated. Could be removed.

class BeeswaxQueryHandle(QueryHandle):
  """
  QueryHandle for Beeswax.
  """
  def __init__(self, secret, has_result_set, log_context):
    super(BeeswaxQueryHandle, self).__init__(secret=secret,
                                             has_result_set=has_result_set,
                                             log_context=log_context)

  def get(self):
    return self.secret, None

  def get_rpc_handle(self):
    return BeeswaxdQueryHandle(id=self.secret, log_context=self.log_context)

  # TODO remove
  def get_encoded(self):
    return self.get(), None

class MetaInstall(models.Model):
  """
  Metadata about the installation. Should have at most one row.
  """
  installed_example = models.BooleanField()

  @staticmethod
  def get():
    """
    MetaInstall.get() -> MetaInstall object

    It helps dealing with that this table has just one row.
    """
    try:
      return MetaInstall.objects.get(id=1)
    except MetaInstall.DoesNotExist:
      return MetaInstall(id=1)

redpajama_set_name: RedPajamaGithub


The Spectrum King SK400+ has been replaced by the all new SK402.
The Spectrum King SK400+ is a 440 Watt Patent Pending Full Spectrum LED Grow Light that is proudly made in the USA.
It easily replaces 1000W MH/HPS Lamps while reducing power consumption by nearly 60% and producing substantially less heat.
Features high performance CREE LED chips with intense penetration deep through the top layer for optimum coverage.
Safety Certified and IP65 Rated. With a specially designed rugged waterproof housing. The SK400+ is fit for use in wet and humid conditions and fit for indoor and outdoor use.
The SK400+ has extra large efficient heatsinks to lower overall ambient room temperature.
Nine-foot power cord and one large eye-hooks for hanging included.
Covers 4' x 4' area at 18" above the canopy for normal plants and should be placed up to 24" above the canopy during flower for sensitive plants. It can cover up to an 8' x 8' area for vegetative plants at 4' above the canopy.
The 400+ 90° reflector unit is meant for plants 2.5'-6' tall during flower and is recommended for ceilings that are 8'-11' tall.
Covers 5' x 5' area at 12" above the canopy during flower for normal plants and should be placed up to 18" above the canopy for sensitive strains. It can cover an 8' x 8" area in vegetative plants at 3.5' above the canopy.
The 400+ 120° reflector unit is meant for plants 18"-42" tall during flower and is your best choice for ceilings under 8' tall.
Ideal Height From Canopy - 90° (veg) 42" - 54"
Ideal Height From Canopy - 120° (veg) 30" - 42"
Ideal Height From Canopy - 120° (bloom) 12" - 18"


text:
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The Maya: Discover the Magic of Ancient Religion in Latin America
Incite imaginations and expand spiritual knowledge by leading your group to these 10 religious landmarks throughout Mayan Latin America
Religion is a compelling form of self-expression due to its unique ability to unite entire nations and civilizations, and the religion of the Mayan people was no exception. Travelers looking to deepen their own faith may find inspiration in learning about early Mayan teachings and exploring impressive worship sites. Incite imaginations and expand spiritual knowledge by leading your group to these 10 religious landmarks throughout Mayan Latin America – no human sacrifice required.
Chichén Itzá (Yucatán)
Chichén Itzá is one of the most popular Mayan sites and for good reason. Not only was it the primary ceremonial site, but it is regarded as the former urban center of the Mayan empire and displays many of the most fascinating aspects of Mayan culture.
Ruins of Chichén Itzá
Travelers will recognize the famous El Castillo pyramid that has become representative of the Mayan Empire. With its 365 steps to represent each day of the year, it demonstrates the Maya's advanced calendar and sense of time – plus it makes for a great photo-op. The Mayan were so skilled in astronomy that they could predict solar eclipses and even engineered El Castillo so that the shadow of a serpent falls on the pyramid on the spring and autumn equinoxes.
Uxmal (Yucatán)
Uxmal is not only a site teeming with tangible evidence of the existence of the Maya, but it is a place where Mayan legends seem to come alive. Due to the architecture of the city, there weren't (and still aren't) any sources of fresh water. As a result, Chac (the Mayan god of rain) was of great importance in the lives of those who lived here, and he is honored frequently in Uxmal temples.
One of the first pyramids that travelers will come across in Uxmal is the Pyramid of the Magician, which stands 38 feet tall and is said to have been built by a dwarf magician who was summoned to build a pyramid in one day after challenging the king. When he succeeded, the magician overthrew the king. Although it isn't as popular as some of the other Mayan sites on the Yucatán peninsula, travelers will find a sense of wonder at Uxmal as well as comfortable and convenient hotels and the opportunity to see a sound and light show over the city at night.
Palenque (Chiapas)
To understand the religious beliefs of the Maya, it is essential to not only explore their places of worship, but to also understand how they dealt with death and the afterlife. In Palenque, tourists can stand in front of the Temple of Inscriptions, a pyramid that was later discovered to be a tomb.
In 1952, an archaeologist came across a hidden staircase that led to the adorned crypt of a Palenque ruler, King Pakal. The king was found wearing a green jade mosaic death mask and a copious amount of jewelry. Tour groups can stop by the National Museum of Anthropology in Mexico City to see real artifacts from the tomb, including King Pakal's embellished sarcophagus. While in Palenque, tour groups can also pay tribute to the three main temples, including the Temple of the Sun, which honored the god of the sun and was associated with war.
Tikal National Park (Tikal)
Tikal, an ancient metropolis nestled in the dense Guatemalan rainforest, displays the astounding brilliance of the Mayan people and their rich artistic and spiritual culture. The national park spreads over 222 square miles and boasts six temples dating back to 250 BCE. Each temple looms over the ruins of Tikal like a wary gatekeeper, standing on sturdy architecture that survived when its own civilization did not.
Travelers will climb the steep steps to the tops of weathered pyramids and look out over the fragmented city, recreating the once bustling city in their minds and looking up to the sky for comfort as Mayan kings once did.
La Danta Pyramid (El Petén)
La Danta, one of the world's largest pyramids at 236 feet tall, is almost swallowed by the lush vegetation that has unfurled over the ruins of El Mirador, the former Mayan capital city. Although the city was abandoned almost 2,000 years ago, travelers will be able to sense the lingering presence of the hundreds of thousands of Mayan people who once called El Mirador home.
To reach La Danta and the heart of El Mirador, travelers will embark on a five-day hike through the Guatemalan jungle beginning in Carmelita. Experts recommend a pair of hefty hiking boots, long pants, plenty of insect repellent and a genuine interest in the hidden majesty of the "Lost City."
Cahal Pech (San Ignacio)
Originally built in 1200 BCE as a royal enclave for the elite Mayan ruling family, Cahal Pech has become one of the most visited Mayan sites due to its 34 well-preserved structures and comfortable accommodations for tourists.
Cahal Pech
Groups can tour Cahal Pech's ancient temples, altars, ball courts and tomb sites and experience the luxurious lives of the Mayan ruling families while enjoying the comforts of the many upscale resorts in the area.
Lamanai (Orange Walk District)
Lamanai, named after the Mayan word for "submerged crocodile," is a scenic Mayan city that was inhabited for nearly 3,000 years beginning in 500 BCE. It sits on the banks of the New River Lagoon and features three large pyramids including the High Temple, which towers over the city at 108 feet high.
Travelers will rave about the picturesque 26-mile boat ride to Lamanai along the New River and appreciate the breathtaking views from the tops of the pyramids. Visitors can also explore the ruins of several Roman Catholic churches constructed by Spanish missionaries in 1570.
Joya de Cerén (La Libertad Department)
For travelers who want to gain a perspective into the daily lives of average Mayan citizens, visiting the newly discovered ruins of Joya de Cerén is a must. Cerén, a small Mayan farming community, was inhabited as early as 1200 BCE but was eventually buried due to the explosion of a volcano named Loma Caldera.
Accompanying Joya de Cerén galleries
The site was discovered in 1976 and has since been a popular tourist destination because of the insight it provides into the lives of Mayan farmers through well-preserved artifacts and structures. Due to the sudden evacuation of the city, Cerén offers an eerie view into a typical day of a Mayan village. Because the temperature of the volcanic ash lends itself to preservation, the belongings left behind by the frenzied Mayan citizens such as utensils and furniture are in superb condition. Travelers can see for themselves what typical Mayan living quarters looked like and perhaps leave with a new outlook on their own lifestyles.
Tazumal (Chalchuapa)
In the Mayan K'iche' Language, Tazumal is translated as "the place where souls are consumed" – but don't let that deter your tour group from wandering through the well-excavated remains of Tazumal, a grand Mayan trading center that was constructed around 100 AD.
Be sure to check out the complex water drainage system, tombs and ritual objects that have been discovered in the area. The Dr. Stanley H. Boggs Museum displays the findings of renowned archaeologist Stanley Boggs, including primitive incense burners, pottery and stone belts worn by Mayan ball players.
Unfortunately, tourists aren't allowed to climb to the top of the main pyramid at Tazumal due to damage caused by a 2001 earthquake, but it's still quite a sight from the ground.
Tazumal
Copán Ruins (Copán)
The ruins of Copán are as intriguing as they are spectacular – travelers will find themselves wondering why exactly the Mayans did leave this expansive city in the 8th century and why so suddenly. The mystery of the decline of Copán adds to its allure, but the plethora of stone temples, immense plazas and an extensive collection of hieroglyphs and stelae will make it difficult to leave.
The site, with more than 4,500 structures over 9 square miles comprises two areas: the Copán site built for the Mayan nobility and Las Sepulturas, the site built for upper-class residents. One of the most remarkable architectural and historical features of Copán is the Hieroglyph Staircase, which comprises 63 stone steps on the side of Temple 26, each engraved with Mayan texts recounting Copán's history.
This is only a small sample of the incredible Mayan ruins throughout Mexico and Central America. As well, be sure to integrate these sights into landmarks of other faiths throughout the region.
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redpajama_set_name: RedPajamaCommonCrawl


text:
TWU to host Pioneer Preview Day Nov. 5, 2022
Inside TWU
Oct. 24, 2022 — DENTON — Texas Woman's University will host Pioneer Preview Day — an open house event for potential first-year, transfer and graduate students — from 9 a.m. to 2:15 p.m., Saturday, Nov. 5, on the university's Denton campus.
Various sessions and events will take place throughout the day. Information sessions will cover a variety of topics including admissions, housing, financial aid and scholarships. Prospective students and their families also will have the opportunity to participate in a campus tour and enjoy lunch at the Dining Hall starting at 11:30 a.m.
Prospective students could win $1,000 to go toward Fall 2023 and Spring 2024 tuition and fees at TWU. Awards will be presented during a drawing to one first-year, transfer and graduate student at Pioneer Preview Day. Students must be eligible for admission to TWU to claim the award and must be present for the drawing to win.
Check-in begins at 9 a.m. in the Student Union at Hubbard Hall on Administration Drive. For a campus map, visit Campus Maps. Free parking is available throughout the Denton campus during the event.
To register or find more information visit the Pioneer Preview Day site. Registration by phone also is available at 940-898-3188.
Christy Savage
csavage3@twu.edu
Page last updated 9:48 AM, October 25, 2022
1215 Oakland St.
Denton, TX 76204 (Map)


text:
Don Williams made marital fidelity sexy
Sep 11, 2017, 5:00 am SGT
http://str.sg/4V8i
NEW YORK • Don Williams, a singer of heartfelt country ballads who emerged as one of the biggest stars in country music during the late 1970s, died last Friday in Mobile, Alabama. He was 78.
His publicist said the cause was emphysema, a lung condition.
Never entirely comfortable in the limelight, Williams nonetheless found himself in it: Seventeen of his singles, including earnest declarations such as You're My Best Friend and Lord, I Hope This Day Is Good, reached the top of the Billboard country chart from 1974 to 1984.
He found particularly enthusiastic fans in Britain, where his admirers included rock stars Pete Townshend and Eric Clapton.
Nicknamed the Gentle Giant (even though his height of 1.85m may not have quite warranted it), Williams was adept at writing and recording plain-spoken material extolling the virtues of romantic commitment.
Singing in a warm, undulating baritone, he made marital fidelity not just appealing but sexy - as exciting, in its way, as the themes of cheating and running around that defined the classic honky-tonk music of the 1950s and 1960s.
Till The Rivers All Run Dry, a No. 1 country single in 1976, was typical of his understated persona and approach. Propelled by a lightly throbbing beat, he pledged his devotion to the love of his life, singing: "Till the rivers all run dry/Till the sun falls from the sky/Till life on earth is through/I'll be needing you."
Tulsa Time, a line-dancing favourite that hit No. 1 on the country chart in 1978, was evidence of Williams' facility with more rhythmically propulsive material. Clapton's version of the song reached the pop Top 40 in 1980.
Williams' survivors include his wife of 57 years, the former Joy Bucher; and their two sons, Gary and Timmy; three granddaughters; and one grandson.
He announced his retirement last year, saying in a statement that it was "time to hang my hat up and enjoy some quiet time at home".
A tribute album, Gentle Giants: The Songs Of Don Williams, including performances by Lady Antebellum and Garth Brooks, was released this year.
Williams cultivated strong fan support in India and Latin America and was one of the few country stars to tour in Africa.
His most robust following outside the United States, however, was always in England. He was enthusiastically received at the 1976 Wembley Festival and performed at the Royal Albert Hall in London. In 1980, readers of the London-based magazine Country Music People voted him artist of the decade.
"I've found that the English pay a lot of respect to your music," he told Country Music International. "They know who wrote the song, where you recorded it, who the musicians were and all of that stuff. There are a lot of English fans who can remember more about what I've done than I can." NYTIMES
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A version of this article appeared in the print edition of The Straits Times on September 11, 2017, with the headline 'Don Williams made marital fidelity sexy'. Print Edition | Subscribe


We use a method developed by Roberts. that optimizes the phase angles of an ensemble of plane waves with amplitudes determined from a Kolmogorov-like power spectrum, to construct magnetic field vector fluctuations having nearly constant magnitude and large variances in its components. This is a representation of the turbulent magnetic field consistent with that observed in the solar wind. Charged-particle pitch-angle diffusion coefficients are determined by integrating the equations of motion for a large number of charged particles moving under the influence of forces from our predefined magnetic field. We tested different cases by varying the kinetic energy of the particles (E-p) and the turbulent magnetic field variance (sigma(2)(B)). For each combination of E-p and sigma(2)(B), we tested three different models: (1) the so-called "slab" model, where the turbulent magnetic field depends on only one spatial coordinate and has significant fluctuations in its magnitude (b=root delta B-x(2)(z)+ delta B-y(2)(z) + B-0(2)); (2) the slab model optimized with nearly constant magnitude b; and. (3) the slab model turbulent magnetic field with nearly constant magnitude plus a "variance-conserving" adjustment. In the last case, this model attempts to conserve the variance of the turbulent components (sigma(2)(Bx) + sigma(2)(By)), which is found to decrease during the optimization with nearly constant magnitude. We found that there is little or no effect on the pitch-angle diffusion coefficient D mu mu between. models 1 and 2. However, the result from model 3. is significantly different. We also introduce a new method to accurately determine the pitch-angle diffusion coefficients as a function of mu.


The Columbia Journalism Review has an analysis of Judith Miller's side of the story that finally led to her testimony before the grand jury investigating Plamegate. I'll let this one speak for itself.
Next Next post: A disastrous constitution for Iraq?


The Secret Heroines Of The Tsar Perfume by Romea D'Ameor, The french niche house started by annie vannier to give life to the great royal and intriguing women throughout history and to seven cultures. All were composed by master perfumer pierre bourdon. We visit russia and the beautiful women who were powers beyond the throne.


Objectives: To investigate the predictive value of urinary neutrophil gelatinase-associated lipocalin in the occurrence of delayed graft function after kidney transplant.
Materials and Methods: In this prospective cohort study of 67 consecutive patients who received a living-related (40 patients [61%]) or deceased-donor kidney transplant (27 patients [39%]), urinary neutrophil gelatinase-associated lipocalin was determined in the first 100 mL perfusate of the donor kidney and in urine at 6 hours after transplant. Patients were followed (11 ± 7 mo) for changes in estimated glomerular filtration rate and delayed graft function.
Results: The mean urinary neutrophil gelatinase-associated lipocalin level at 6 hours after transplant was significantly higher after deceased-donor (781 ± 452 ng/mL) than living-donor transplant (229 ± 223 ng/mL; P ≤ 0.001). The decrease in estimated glomerular filtration rate from 6 to 12 months after transplant was positively correlated with the urinary neutrophil gelatinase-associated lipocalin levels in the perfusate in living-donor transplant. A significant correlation was noted between the occurrence of delayed graft function and the urinary neutrophil gelatinase-associated lipocalin level at 6 hours after living-donor transplant. In the deceased-donor group, the occurrence of delayed graft function was correlated with urinary neutrophil gelatinase-associated lipocalin levels in the perfusate. In deceased-donor kidney transplant, the mean urinary neutrophil gelatinase-associated lipocalin level in the perfusion fluid was significantly greater from donors who had terminal serum creatinine > 150 μmol/L, and urinary neutrophil gelatinase-associated lipocalin level at 6 hours after transplant was significantly greater in transplants with longer cold ischemia time and donors who had hypertension.
Conclusions: Urinary neutrophil gelatinase-associated lipocalin levels in the donor kidney perfusate and 6 hours after transplant may be a useful predictor of delayed graft function and decreased graft function from 6 to 12 months after transplant.
Deceased-donor kidney transplant frequently is associated with delayed graft function (25%).13 The rate of improvement in kidney function during the days after transplant is multifactorial and may depend on whether the donated kidney is optimal or marginal.14 However, there is no test available to predict which allograft will have slow recovery of kidney function or delayed graft function.
The purpose of the present study was to evaluate uNGAL in the donor kidney perfusion fluid before transplant and in urine samples at 6 hours after transplant to determine whether uNGAL may be predictive of acute kidney injury such as delayed graft function and renal outcome at 6 and 12 months after transplant.
In this prospective cohort study, all 67 consecutive patients who received a living-related or deceased-donor kidney transplant at King Abdulaziz Medical City, Riyadh, between July 2011 and September 2012 were evaluated. Written informed consent was obtained from all participants. The study was approved by the local institutional review board.
Data collected were entered into database software (Access, Microsoft, Redmond, WA, USA) and analyzed with statistical software (SAS, version 9.2, SAS Institute, Cary, NC, USA). Descriptive statistics were reported as mean ± standard deviation (continuous variables) or number (%) (categorical variables). Continuous variables were evaluated with t test. Multivariate analysis was used to evaluate the effect of potentially confounding variables on the predictive effect of uNGAL. Statistical significance was defined by P ≤ .05.
Most recipients were male patients who had living-related kidney transplant and who did not have diabetic nephropathy or positive panel reactive antibody (Table 1). The deceased donors most frequently died because of stroke and most frequently did not have hypertension or diabetes (Table 1). Most recipients received basiliximab and anti-thymocyte globulin as induction immunosuppressive therapy, and most recipients did not have delayed graft function or biopsy-proven rejection (Table 1). The mean cold ischemia time was 6 ± 6 hours, and the mean uNGAL level was significantly greater at 6 hours after transplant than the uNGAL level in the perfusate (Table 2). Mean follow-up was 11 ± 7 months after transplant, and eGFR was similar at 6 and 12 months after transplant (Table 2).
Multivariate analysis showed significant correlations between the change in eGFR from 6 to 12 months and uNGAL in the perfusion fluid for living-donor transplant (Table 3). In addition, there were significant correlations between delayed graft function and uNGAL at 6 hours after living-donor transplant and between delayed graft function and uNGAL in the perfusion fluid for deceased-donor transplant (Table 3). The mean uNGAL level in the perfusion fluid and at 6 hours after transplant was significantly higher in patients who developed than did not develop delayed graft function (Table 4). The mean uNGAL levels at 6 hours after transplant (but not in the perfusion fluid) was significantly greater for deceased-donor than living-related kidney transplant (Table 5).
In deceased-donor kidney transplant, the mean uNGAL levels at both collection times were similar in transplants with positive or negative panel reactive antibody status but greater in transplants from donors who had than did not have diabetes mellitus (Table 6). In deceased-donor kidney transplant, the mean uNGAL level in the perfusion fluid was significantly greater from donors who had terminal serum creatinine > 150 μmol/L, and uNGAL level at 6 hours after transplant was significantly greater in transplants with longer cold ischemia time and donors who had hypertension (Table 6).
There was no correlation observed between the uNGAL levels in the perfusion fluid and the absolute or percent decrease in serum creatinine from baseline (before transplant) to 5 days or 3 months after transplant. However there was significant negative correlation between the absolute and percent decrease in serum creatinine at 3 months after transplant and the uNGAL levels at 6 hours after transplant (t2 sample) (Table 7).
In both living-donor and deceased-donor transplants, we observed a significant correlation between delayed graft function and uNGAL levels. The uNGAL level of the perfusate was significantly higher in patients who developed than did not develop delayed graft function (Table 4). The uNGAL level at 6 hours after transplant was 3.4-fold greater after deceased-donor than living-donor transplant (Table 5). We observed no correlation between uNGAL levels in the t1 sample and the absolute or percent decrease in serum creatinine from baseline to 5 days or 3 months after transplant. However, there was a significant negative correlation between the absolute or percent decrease in serum creatinine and uNGAL at 6 hours after transplant (t2 sample) (Table 7).
Levels of uNGAL in the perfusion fluid (t1) were predictive of reduction in eGFR at 12 months after living-donor but not deceased-donor transplant (Table 3). Higher uNGAL levels were observed with longer cold ischemia time (> 5 h; t2 levels), higher deceased-donor terminal serum creatinine (> 150 μmol/L; t1 levels), and diabetic (t1 and t2 levels) or hypertensive donors (t2 levels) (Table 6).
In summary, we confirmed that uNGAL concentrations measured during the first day after kidney transplant may be useful in predicting the development of delayed graft function. In addition, uNGAL measured in the donor kidney perfusate also may help predict the development of delayed graft function and decreased short-term graft function.
Star RA. Treatment of acute renal failure. Kidney Int. 1998;54(6):1817-1831.
Tomlanovich S, Golbetz H, Perlroth M, Stinson E, Myers BD. Limitations of creatinine in quantifying the severity of cyclosporine-induced chronic nephropathy. Am J Kidney Dis. 1986;8(5):332-337.
Baboolal K, Jones GA, Janezic A, Griffiths DR, Jurewicz WA. Molecular and structural consequences of early renal allograft injury. Kidney Int. 2002;61(2):686-696.
Chertow GM, Burdick E, Honour M, Bonventre JV, Bates DW. Acute kidney injury, mortality, length of stay, and costs in hospitalized patients. J Am Soc Nephrol. 2005;16(11):3365-3370.
Wu I, Parikh CR. Screening for kidney diseases: older measures versus novel biomarkers. Clin J Am Soc Nephrol. 2008;3(6):1895-1901.
Ronco C. N-GAL: diagnosing acute kidney injury as soon as possible. Crit Care. 2007;11(6):173.
Bachorzewska-Gajewska H, Malyszko J, Sitniewska E, et al. Could neutrophil-gelatinase-associated lipocalin and cystatin C predict the development of contrast-induced nephropathy after percutaneous coronary interventions in patients with stable angina and normal serum creatinine values? Kidney Blood Press Res. 2007;30(6):408-415.
Dent CL, Ma Q, Dastrala S, et al. Plasma neutrophil gelatinase-associated lipocalin predicts acute kidney injury, morbidity and mortality after pediatric cardiac surgery: a prospective uncontrolled cohort study. Crit Care. 2007;11(6):R127.
Nickolas TL, O'Rourke MJ, Yang J, et al. Sensitivity and specificity of a single emergency department measurement of urinary neutrophil gelatinase-associated lipocalin for diagnosing acute kidney injury. Ann Intern Med. 2008;148(11):810-819.
Zappitelli M, Washburn KK, Arikan AA, et al. Urine neutrophil gelatinase-associated lipocalin is an early marker of acute kidney injury in critically ill children: a prospective cohort study. Crit Care. 2007;11(4):R84.
Ostermann M, Chang RW. Acute kidney injury in the intensive care unit according to RIFLE. Crit Care Med. 2007; 35(8):1837-1843.
Lacquaniti A, Buemi F, Lupica R, et al. Can neutrophil gelatinase-associated lipocalin help depict early contrast material-induced nephropathy? Radiology. 2013;267(1):86-93.
Szwarc I, Garrigue V, Delmas S, Deleuze S, Chong G, Mourad G. Delayed graft function: a frequent but still unsolved problem in renal transplantation [in French]. Nephrol Ther. 2005;1(6):325-334.
Schnuelle P, Gottmann W, Köppel H, et al. Comparison of early renal function parameters for the prediction of 5-year graft survival after kidney transplantation. Nephrol Dial Transplant. 2007;22(1):235-245.
Mishra J, Ma Q, Kelly C, et al. Kidney NGAL is a novel early marker of acute injury following transplantation. Pediatr Nephrol. 2006;21(6):856-863.
Schaub S, Mayr M, Hönger G, et al. Detection of subclinical tubular injury after renal transplantation: comparison of urine protein analysis with allograft histopathology. Transplantation. 2007;84(1):104-112.
Grenier FC, Ali S, Syed H, et al. Evaluation of the ARCHITECT urine NGAL assay: assay performance, specimen handling requirements and biological variability. Clin Biochem. 2010;43(6):615-620.
Halloran PF, Hunsicker LG. Delayed graft function: state of the art, November 10-11, 2000. Summit meeting, Scottsdale, Arizona, USA. Am J Transplant. 2001;1(2):115-120.
Parikh CR, Jani A, Mishra J, et al. Urine NGAL and IL-18 are predictive biomarkers for delayed graft function following kidney transplantation. Am J Transpl. 2006;6(7):1639-1645.
Rostami Z, Nikpoor M, Einollahi B. Urinary neutrophil gelatinase associated lipocalin (NGAL) for early diagnosis of acute kidney injury in renal transplant recipients. Nephrourol Mon. 2013;5(2):745-752.
Rostami Z, Einollahi B, Ghadiani MH. Does living donor hyperoxia have an impact on kidney graft function after transplantation? Nephrourol Mon. 2013;5(3): 835-839.
Bachorzewska-Gajewska H, Malyszko J, Sitniewska E, Malyszko JS, Dobrzycki S. Neutrophil gelatinase-associated lipocalin (NGAL) correlations with cystatin C, serum creatinine and eGFR in patients with normal serum creatinine undergoing coronary angiography. Nephrol Dial Transplant. 2007;22(1):295-296.
Hall IE, Yarlagadda SG, Coca SG, et al. IL-18 and urinary NGAL predict dialysis and graft recovery after kidney transplantation. J Am Soc Nephrol. 2010;21(1):189-197.
Acknowledgements: This study was supported by a grant from the King Abdullah International Medical Research Center. The authors have no conflicts of interest to declare.


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Saturday Free Books December 26th
FREE: The Honor of the Queen by David Weber
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RIGHT WOMAN, WRONG PLACE
It's hard to give peace a chance when the other side regards war as the necessary prelude to conquest, and a sneak attack as the best means to that end. That's why the Kingdom of Manticore needs allies against the so-called ""Republic"" of Haven--and the planet Grayson is just the right strategic place to make a very good ally indeed. But Her Majesty's Foreign Office had overlooked a ""minor cultural difference"" when they chose Honor Harrington to carry the flag: women on the planet Grayson are without rank or rights; Honor's very presence is an intolerable affront to every male on the planet.
At first Honor doesn't take it personally; where she comes from gender discrimination is barely a historical memory, right up there in significance to fear of the left-handed. But in time such treatment as she receives from the Graysonites does become wearing, and Honor would withdraw if she could--but then Grayson's fratricidal sister planet attacks without warning and she must stay and prevail, not just for Honor's - honor, but for her sovereign's, for - THE HONOR OF THE QUEEN.
FREE: The Sign of the Four by Sir Arthur Conan Doyle
Several years after the mysterious disappearance of her father, Mary Morstan discovers an advertisement in a local paper requesting her own address. Her employer advises her to reveal it, and when she does she receives a valuable pearl by post. Presented with these facts and little else, Sherlock Holmes and Dr. Watson must unravel a mystery involving stolen treasure, political rebellion, India, and a pact made by four convicts.
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FREE: Jude the Obscure by Thomas Hardy
The last of Hardy's novels, Jude the Obscure offers some of the author's most valuable insights into the issues of class, religion, and marriage. It tells the story of Jude Fawley, an aspiring academic from the working-class who falls in love with Sue, his cousin. Finding that their relationship only incurs the wrath and judgement of their community, Jude and Sue experience ostracism and tragedy in this highly controversial Victorian novel.
FREE: The Legends of King Arthur and His Knights by Sir James Knowles
Born after King Uther tricked an enemy duke's wife into thinking that Uther was her husband. That child was given to Merlin, and he was un-christened, and was given to Sir Ector. He became a squire at his new home and had a bigger stepbrother to help. When the sword in the stone appeared, all the knights and noblemen around England appeared to try and pull it out, since the person who pulls out the sword in the stone is supposedly the king of all England. Throughout his life he encountered many people like Sir Lancelot of the Lake, who fell in love with his beloved wife, Guinevere, and also gave birth to a child with his half-sister when she disguised herself. He would later become a legend for all the things he had done during his life.
FREE: The Jungle Book by Rudyard Kipling
The Jungle Book [is] one of the most thrilling and vivid fantasies ever written. Forget about the Disney version, in which Kaa is the baddie, this stuff makes your hair stand on end, it's so alive to what it must feel like to be an animal. Mowgli's arrival at the wolves' cave, pursued by the evil tiger Shere Khan, his upbringing by the wolves, his adventures in the jungle and attempt to go back to living among men is full of savagery and beauty and excitement. Interleaved among the Mowgli stories are other great animal tales - about Rikki Tikki Tavi the mongoose who takes on two deadly cobras living in an Indian garden, and fights them to the death; and about a white seal who finds the one place where seals can be safe.


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$8,000,000 Verdict for Wrongful Death of 23 year old Adult Disabled Man Who Choked On His Own At Adult Daycare Center
A 23 year old adult male with preexisting cerebral palsy who was nonverbal and incapable of moving his arms and legs was attending a day session at the Quest Adult Day Training Center in Tampa, Florida. Due to his condition he was harnessed to his wheelchair. During an enrichment session he became ill while in a group room with 19 other similarly disabled adults and 6 direct service providers or staff. All of the staff were supposed to be trained in BLS/CPR. During this session the victim vomited and began to swallow his own vomit. However, no one was supervising him and so his predicament was not discovered until one of the staff noticed his head was down with his arms by his sides. At that time the lead staff ran out of the room in search of the center LPN rather than provide basic BLS/CPR to the victim. None of the other 5 staff provided BLS/CPR. The victim did not receive any assistance until the lead staff returned with the nurse to the group room. By that time the victim was blue, pulseless and not breathing. The nurse suctioned substantial vomit from the victim's throat and provided CPR. Subsequently, the paramedics arrived and did the same thing. The victim was then transported to the emergency department where substantial resuscitative efforts were attempted but to no avail. The victim was pronounced dead. An autopsy was which showed the victim died due to asphyxiation or choking on his own vomit. The victim was survived by his mother. She was appointed as personal representative of his estate and filed suit against Quest alleging its staff was negligent in monitoring, supervising, and responding to victim's vomiting and choking episode. Quest defended the case by arguing the incident was a sudden medical emergency which its staff properly responded to under the circumstances. Quest also sought to reduce its proportionate liability by suing the group home where the victim resided alleging it negligently prepared the victim's meals which led to his sickness and also sued the county paramedics for allegedly using the wrong intubation tube. The case was tried. The trial court entered a directed verdict dismissing Quest's claims against the group room and the paramedics for lack of evidence. Counsel for Quest urged the jury to find Quest not at fault but if the jury felt differently to award the surviving mother $125,000 for the cost of past and future therapy sessions. The jury found Quest negligent and awarded the mother $8 million dollars.


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Governor proclaims Oct. 19 'Dispute Resolution Day'
Massachusetts Governor Charlie Baker has declared Oct. 19, 2017, to be "Dispute Resolution Day" in Massachusetts. In his official proclamation, Gov. Baker urges all citizens of Massachusetts "to take cognizance of this event and participate fittingly in its observance." (Read the full proclamation here.)
MassBar Beat podcast returns with Jordan Rich
The MassBar Beat, the podcast of the Massachusetts Bar Association, returns for the 2017-18 association year with a new voice that should be familiar to radio listeners in Boston: Jordan Rich. The longtime host of "The Jordan Rich Show" on WBZ NewsRadio 1030 and co-founder of Chart Productions Inc., Rich brings his signature voice to the MassBar Beat, where he will appear regularly as a guest host and producer.


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Q: Add prefix to each element list in R I have a many csv files which I read using lapply & vroom package (it has 18 files with millions of rows in each files)
library(vroom)
filelist <- list.files(pattern = "*.csv")

dput(filelist)
c("UPW_119_1.csv", "UPW_119_2.csv", "UPW_119_3.csv")

files <- lapply(filelist, FUN=vroom)

Assuming below is how my list looks like :
files <- list(no1= c("1","2","3","4","5"), no2= c(1:3),no3 = c("190301010141","190301010141","190301010143","19030101014","190301010145"))

I want to add "91" prefix to each element in my list followed by the file name which they were part of in filelist
I tried something like this but its not right
mytry :
files2 <- paste0("91", files, fileslist[i]) #Adding file name

Required output
## List of 3
##  $ f1  : int [1:5] 911_UPW_119_1 912_UPW_119_1 913_UPW_119_1 914_UPW_119_1 915_UPW_119_1
##  $ no2: int [1:3] 911_UPW_119_2 912_UPW_119_2 913_UPW_119_2
##  $ no3: int [1:5] "9190301010141_UPW_119_3","91190301010141_UPW_119_3","91190301010143_UPW_119_3","9119030101014_UPW_119_3","91190301010145_UPW_119_3")

I then want to write these csv files
So in a gist, read 18 csv files, do the modificaiton as above, add "91" (static) & file name (dynamic) then write 18 csv files
I have research SO a lot, tried lapply & list function etc but no help!

A: You can use lapply:
filelist <- c("UPW_119_1.csv", "UPW_119_2.csv", "UPW_119_3.csv")
files <- list(no1= c("1","2","3","4","5"), no2= c(1:3),no3 = c("190301010141","190301010141","190301010143","19030101014","190301010145"))

lapply(1:length(files), function(k) paste(91, files[[k]], sub(".csv", "", filelist[[k]], fixed = TRUE), sep = "_"))

It is vectorized in lapply so it is quite efficient

redpajama_set_name: RedPajamaStackExchange


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Apple vs Samsung Verdict: Guilty, Samsung to Pay $1B, Will Appeal
Pang Tun Yau August 26, 2012 0 6	15 views
One of the defining trials in the tech industry has been concluded with a verdict that many have been expecting. After less than three days of deliberation, the jury concluded that Samsung was guilty of violations to several of Apple's patents with regards to its mobile devices. It also threw out Samsung's counterclaims that Apple themselves violated some of Samsung's patents.
As a result, the jury recommended that Samsung pay Apple close to $1.05 billion in damages, which was far below the original $2.7 billion. The verdict also leaves Apple open to request for injunctions to be made with regards to blocking the sales of some of Samsung's mobile devices, including the Galaxy S and S II.
Not all went in Apple's way, however. The jury concluded that Samsung did not infringe on Apple's design patents for the iPad with regards to the Galaxy Tab tablet. Samsung is widely expected to appeal the ruling, hence this may not be over just yet.
Read on after the break for more on the trial, including what the ruling means for consumers and the mobile tech industry as a whole.
In an exclusive interview with one of the jurors of the trial, CNET revealed that the internal emails between Samsung executives discussing "Apple features that should be incorporated into their devices" was pretty damning. It didn't help either when Apple showed pictures of Samsung phones before and after the launch of the iPhone, where there was a very obvious shift in design inspirations in Samsung phones towards the iPhone. In addition, the jurors felt that some of the video testimonies provided by some Samsung executives dodged important questions.
RELATED: Samsung Announces New 64MP ISOCELL Camera Sensor for Smartphones
In their statement, Samsung refused to back down, and promised to appeal the ruling. "Today's verdict should not be viewed as a win for Apple, but as a loss for the American consumer," it began. "It is unfortunate that patent law can be manipulated to give one company a monopoly over rectangles with rounded corners, or technology that is being improved every day by Samsung and other companies."
"This is not the final word in this case…Samsung will continue to innovate and offer choices for the consumer."
As expected, Apple issued a typically Apple statement, peppered with sporadic self-praise. "The lawsuits between Apple and Samsung were about much more than patents or money. They were about values. At Apple, we value originality and innovation and pour our lives into making the best products on earth. We make these products to delight our customers, not for our competitors to flagrantly copy."
It even ended its statement with "stealing isn't right".
Even though $1.05 billion does not sound like a huge amount to a company like Samsung (they have $14 billion in cash reserves), the ruling sends a highly damaging ripple effect with regards to Samsung's reputation. Product designers and even UI engineers may see that they do not have much say in terms of creative freedom. Consumers may stop purchasing Samsung products due to their "lack of morals".
RELATED: Samsung Launches New iChanged Trial And Buy Campaign
This ruling does not only affect Samsung, however. It sets a powerful precedent for Apple to pursue other companies that supposedly infringe on their patents. With the full backing of the law behind them, Samsung does have a point in the "monopoly over rectangles with rounded edges" comment in their statement. Companies will set strict design restrictions to prevent such a lawsuit from landing on their doorstep, which again limits creative freedom.
But then again, the ruling does have its positives. This precedent would encourage designers to explore new, radical designs that "changes everything", or whatever Apple would call it. Consumers will have more choices in terms of device design, and new UIs that eventually usher in a new smartphone revolution.
(Source: CNET, CNNMoney, TechnoBuffalo)
Tags Apple Patents Samsung
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